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    Caluag v. PP

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    Michael Vincent P.
    1) The defendant Caluag got into a fight with the victim Nestor earlier in the day while drinking. Later that evening, the victim's wife Julia went to report the incident to the barangay authorities. 2) On her way to the barangay hall, the defendant confronted Julia, pointed a gun at her forehead, and said "Saan ka pupunta, gusto mo ito?". 3) The courts found the defendant guilty of grave threats under Article 282 of the Revised Penal Code for threatening Julia with a gun, which amounts to threatening to commit a crime (killing or serious injury). Given the earlier altercation and circumstances, the offense was correctly ruled

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    Caluag v. PP

    Uploaded by

    Michael Vincent P.
    144 views2 pages
    1) The defendant Caluag got into a fight with the victim Nestor earlier in the day while drinking. Later that evening, the victim's wife Julia went to report the incident to the barangay authorities. 2) On her way to the barangay hall, the defendant confronted Julia, pointed a gun at her forehead, and said "Saan ka pupunta, gusto mo ito?". 3) The courts found the defendant guilty of grave threats under Article 282 of the Revised Penal Code for threatening Julia with a gun, which amounts to threatening to commit a crime (killing or serious injury). Given the earlier altercation and circumstances, the offense was correctly ruled

    Original Description:

    Crim Law 2 (Slight Physical Injuries)

    Original Title

    Caluag v. Pp. Docx

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    1) The defendant Caluag got into a fight with the victim Nestor earlier in the day while drinking. Later that evening, the victim's wife Julia went to report the incident to the barangay authorities. 2) On her way to the barangay hall, the defendant confronted Julia, pointed a gun at her forehead, and said "Saan ka pupunta, gusto mo ito?". 3) The courts found the defendant guilty of grave threats under Article 282 of the Revised Penal Code for threatening Julia with a gun, which amounts to threatening to commit a crime (killing or serious injury). Given the earlier altercation and circumstances, the offense was correctly ruled

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    144 views2 pages

    Caluag v. PP

    Uploaded by

    Michael Vincent P.
    1) The defendant Caluag got into a fight with the victim Nestor earlier in the day while drinking. Later that evening, the victim's wife Julia went to report the incident to the barangay authorities. 2) On her way to the barangay hall, the defendant confronted Julia, pointed a gun at her forehead, and said "Saan ka pupunta, gusto mo ito?". 3) The courts found the defendant guilty of grave threats under Article 282 of the Revised Penal Code for threatening Julia with a gun, which amounts to threatening to commit a crime (killing or serious injury). Given the earlier altercation and circumstances, the offense was correctly ruled

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    CALUAG v.

    PEOPLE

    FACTS:

    In the afternoon of March 19, 2000, Nestor learned that two of his
    guests from an earlier drinking spree were mauled. At that time,
    Caluag and Sentillas were drinking at the store owned by the son of
    Sentillas. When Nestor inquired from several people including his
    own son Raymond what happened, Caluag butted in and replied,
    “Bakit kasama ka ba roon?,” and immediately boxed him without
    warning. Nestor retaliated but he was overpowered by Caluag and
    Sentillas. Julia saw Caluag and Sentillas box her husband. Although
    she tried to pacify them, they did not listen to her. To avoid his
    assailants, Nestor ran to his house. Julia followed him. At around
    6:00 p.m., Nestor told his wife to report the boxing incident to the
    barangay authorities.
    At around 7:30 in the evening, Julia Denido left her house to go to
    the barangay hall to report the mauling of her husband which she
    witnessed earlier at around 4:00 o’clock in the afternoon. On her
    way there, petitioner confronted her and pointed a gun to her
    forehead, while at the same time saying “Saan ka pupunta, gusto
    mo ito?”
    The MeTC, the RTC and the Court of Appeals uniformly found
    petitioner guilty of grave threats under Article 282, par. 2 of the
    Revised Penal Code and sentenced him to suffer two months of
    imprisonment and to pay a fine of P200.
    ISSUE:

    Whether or not there is sufficient evidence to sustain petitioner’s


    conviction of slight physical injuries and of grave threats.

    HELD:

    YES. Under the Revised Penal Code, there are three kinds of threats:
    grave threats (Article 282), light threats (Article 283) and other light
    threats (Article 285).
    The accused was found guilty of grave threats under Article 282, par.
    2 of the Revised Penal Code.
    Art. 282. Grave threats. — Any person who shall threaten
    another with the infliction upon the person, honor or property of
    the latter or of his family of any wrong amounting to a crime,
    shall suffer:
    xxxx
    2. The penalty of arresto mayor and a fine not exceeding 500
    pesos, if the threat shall not have been made subject to a
    condition.

    In grave threats, the wrong threatened amounts to a crime which


    may or may not be accompanied by a condition. Considering what
    transpired earlier between petitioner and Julia’s husband,
    petitioner’s act of pointing a gun at Julia’s forehead clearly
    enounces a threat to kill or to inflict serious physical injury on her
    person. The uttered words do not go against the threat to kill or to
    inflict serious injury evinced by petitioner’s accompanying act.

    Given the surrounding circumstances, the offense committed falls


    under Article 282, par. 2 (grave threats) since: (1) killing or shooting
    someone amounts to a crime, and (2) the threat to kill was not
    subject to a condition.

    Article 285, par. 1 (other light threats) is inapplicable although it


    specifically states, “shall threaten another with a weapon or draw
    such weapon in a quarrel”, since it presupposes that the threat to
    commit a wrong will not constitute a crime. That the threat to
    commit a wrong will constitute or not constitute a crime is the
    distinguishing factor between grave threats on one hand, and light
    and other light threats on the other.

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